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High Court of KeralaOP(C)/3091/2014disposed of

Mini v. Bindhu

2015-07-27Honourable Mr. Justice B.Kemal Pasha4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA MONDAY, THE 27TH DAY OF JULY 2015/5TH SRAVANA, 1937 OP(C).No. 3091 of 2014 (O) --------------------------- OS 669/2013 of MUNSIFF COURT, NORTH PARAVUR PETITIONER(S):

----------------------- MINI, AGED 35 YEARS D/O.OMANAKUNJAN, KATTETHUPARAMBIL, VADAKKUMPURAM KARA CHENDAMANGALAM VILLAGE.

BY ADV. SRI.V.M.KRISHNAKUMAR RESPONDENT(S):

------------------------- BINDHU W/O.AJAYAKUMAR, KUNNUKATTIL HOUSE, VADAKKUMPURAM KARA CHENDAMANGALAM VILLAGE.

THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 27-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

OPC.3091/2014 APPENDIX PETITIONER'S EXHIBITS:

P1 TRUE COPY OF IA.1524/2014 IN OS.669/13 BEFORE THE MUNSIFF COURT, N.PARAVUR.

P2 TRUE COPY OF ORDER IN IA.1524/2014 IN OS.669/13 BEFORE THE MUNSIFF COURT, N.PARAVUR.

// True Copy // PA to Judge

B. KEMAL PASHA, J.

````````````````````````````````````````````````````````````` O.P.(C) No.3091 of 2014 ````````````````````````````````````````````````````````````` Dated this the 27th day of July, 2015

J U D G M E N T

~ ~ ~ ~ ~ ~ ~ ~ ~ Heard learned counsel for the petitioner.

2.

It seems that the petitioner has filed IA No.1524/2014 before the court below seeking the certified copy of the plaint, written statement, decree, etc. The court below has dismissed the application through Ext.P2 by stating that the said application was filed through another lawyer, who was not originally appearing for the party before the court below.

3.

It seems that the petitioner has got a case that the earlier lawyer was not engaged by the petitioners whereas, collusively a compromise decree was obtained by the adverse party. When the petitioners have a specific case that they had never engaged the said lawyer, the court below ought to have issued copies of the documents sought

OPC.3091/2014 : 2 :

for by the petitioners through IA No.1524/2014. In the result, this O.P.(Civil) is allowed and Ext.P2 order is set aside. The court below is directed to issue certified copies of the documents as sought for by the petitioners through IA No.1524/2014.

Sd/- (B.KEMAL PASHA, JUDGE) aks/27/07 // True Copy // PA to Judge